CESTAT Rulings


Upholds penalty on assessee actively involved in facilitating passing of fraudulent CENVAT credit 

CESTAT Ahmedabad upholds imposition of penalty Rule 26 of Central Excise Rules, 2002 noticing that assessee was actively involved in facilitating to pass on the wrong CENVAT credit by issuing invoices...View More

Mere short payment of duty not sufficient to invoke extended period of limitation

CESTAT Mumbai rules that mere short payment of duty by the assessee is not sufficient to invoke the extended period of limitation, more so when assessee has been periodically filing ER-1 returns etc. ...View More

Quashes confiscation where assessee suo-moto sought rectification for genuine 'clerical mistake' in BoE

CESTAT Delhi condones clerical mistake made during filing of Bill of entries (BoE) by mentioning ‘Apatite (GR) Calcium Phosphate’ in place of ‘Calcium phosphate’ where assessee...View More

Refund cannot be denied presuming ab-initio ineligibility & procedure cannot substitute recovery 

CESTAT, Mumbai holds that "denial of refund on the presumption of ab initio ineligibility will not stand and refund procedure cannot be claimed to be a substitute for recovery" and "is without authori...View More

Blending & crushing 'iron ore' does not result into 'concentrates', allows importer benefit of exemption

CESTAT Mumbai holds that process of crushing and screening ‘Iron Ore’ after mining and its subsequent blending with 5-10% iron ore concentrate would result in the classification of goods i...View More

Service-nature makes no difference w.r.t. 'reimbursement' taxability when Rule 5 held ultravires by SC

CESTAT Delhi quashes demand of service tax on expenses reimbursed by the client (service recipient) incurred by event management service provider for hiring third-party vendors for completion of event...View More

Quashes service tax demand on brokerage income; Cannot reject CA-certificate without reason 

CESTAT Kolkata sets aside service tax demand with interest on receipt of brokerage amount, also drops penalty on account of alleged erroneous adjustments; The assessee, engaged in business of Stock br...View More

Quashes order enhancing assessable value of imports, condemns non-compliance of natural justice principles

CESTAT, Mumbai sets aside Order enhancing assessable value on the import of rubber accelerator in absence of evidence to displace the declared value, holds that the entire process, commencin...View More

Follows LB dicta to allow credit on deposit insurance service availed by Bank 

CESTAT Chennai sets-aside order disallowing CENVAT Credit availed by Indian Overseas Bank towards service tax paid on deposit insurance service provided by Deposit Insurance and Credit Guarantee Corpo...View More

Denies CENVAT credit on 'Corporate Social Responsibility' expense absent inclusion in 'input-service' defintion

CESTAT Delhi disallows CENVAT Credit on expenses incurred on Corporate Social Responsibility (CSR), and holds that, being "a legal responsibility does not make it an output service"; In clea...View More